REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 14, 2002 at 7:30 p.m. with Council President McGlumphy presiding. Council members present were Mr. Ritter, Mr. Pitts, Mr. Gorman, Mr. Truitt, Mr. Carey, Mr. Speed, and Mr. Ruane.
Council staff members present were Chief Horvath, Mr. Cooper, Mr. DePrima, Mrs. Mitchell, Mr. Petit de Mange, Mrs. Green, and Deputy City Solicitor Pepper.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President McGlumphy declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 10, 2001
The Minutes of the Regular Council Meeting of December 10, 2001 were unanimously approved by motion of Mr. Truitt, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
PRESENTATION - CITY OF DOVER ELECTRIC DEPARTMENT - CENTURY AWARD FROM THE AMERICAN PUBLIC POWER ASSOCIATION
Mayor Hutchison, Mr. DePrima, City Manager, and Mr. Ruane, Utility Committee Chairman, presented Mr. Les Blakeman, Electric Generation Manager, with the American Public Power Association’s Century Award in recognition of 100 years of electric service and thanked the employees of the electric department for their hard work in continuing to provide the City with electricity.
Mr. Blakeman expressed his appreciation for the award and for the support of Council and City of Dover employees.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on December 10, 2001 with Chairman Gorman presiding.
Proposed Charter Amendment - Section 50 - Debt Limit
Members considered a draft ordinance and proposed legislation to be submitted to the General Assembly of the State of Delaware to amend the City of Dover Charter to allow the City to incur up to $5M of general obligation debt outstanding at any one time without holding a referendum. It was noted that the proposed amendments were reviewed by the City’s Bond Counsel, Mr. Charles McDowell and prepared by the City Solicitor, Mr. Rodriguez. Mr. Gorman advised members that the Charter currently requires a referendum for projects costing over $1M. It was his feeling that the limit of $1M encumbers Council’s ability to manage and make proper decisions on behalf of the City.
The committee recommended adoption of the proposed ordinance amendment, with consideration of utilizing a percentage rather than a dollar amount, contingent upon receipt of a favorable legal opinion.
Mr. Gorman noted that an opinion was obtained from Mr. McDowell regarding the possibility of utilizing a percentage rather than a dollar amount. It was his opinion that a percentage limit was fine and suggested the percentage that is already in the statute as the limit on the aggregate of financings under clause (i) - that is, 1% of the aggregate assessed value of property. Members were provided the revised proposed legislation as prepared by Mr. McDowell.
Mr. Ruane moved to accept the committee’s recommendation for the adoption of the proposed ordinance amendment, with the first reading being held during the latter part of the meeting and a public hearing being held prior to the final reading scheduled for February 11, 2002. The motion was seconded by Mr. Pitts.
Mr. Salters expressed reservations regarding holding only one (1) public hearing on the ordinance and holding the first reading without the public being present. He was also concerned with the amount of debt that Council would be permitted to incur without holding a referendum, should the ordinance be adopted.
Mr. Gorman reiterated that the public would be given the opportunity to relay their concerns regarding the ordinance during the public hearing and prior to the final reading scheduled for February 11, 2002.
Responding to Mr. Truitt, Mrs. Mitchell, Finance Director/Treasurer, stated that one percent (1%) of the aggregate assessed value of property is equal to $8.6M. The City’s General Fund currently has $5M in outstanding General Obligation bonds, of which $775,000 is attributed to refinancing; therefore, $4,235,000 is attributed to projects that would have required a referendum. The difference between the $8.6M and the $4,235,000, or $4,356,000 is the maximum current amount of debt that could be incurred.
The motion to adopt the proposed ordinance was defeated by a roll call vote of four (4) yes, five (5) no (Mr. Ritter, Mr. Truitt, Mr. Carey, Mr. Speed, and Mr. Salters). (Due to the failure of the motion, the First Reading of the ordinance will not take place during the latter part of the meeting).
Request to Purchase 1-Ton Utility Truck with Electric Crane
The Department of Public Works currently owns and maintains a 3/4 ton 1992 Dodge utility truck with an electric crane for the Water/Wastewater Division. The utility truck is used to transport maintenance staff and equipment used for the wastewater pump stations located throughout the City’s wastewater collection system. The electric crane is used to lift large diameter manhole covers at the pump stations. Both the existing truck and electric crane have reached the end of their reliable service life and staff recommends the purchase of one (1) new 1-Ton Utility Truck with an Electric Crane to replace the equipment.
Mr. Gorman noted that the Committee Action Form contained incorrect amounts for this purchase and the correct amount for the State of Delaware Department of Transportation Contract for trucks and vans Specification L are as follows:
Purchase Cost
Ton Standard Cab Pick-up$17,676.00
Option Package #2 - Utility Body4,527.00
Option Package #5 - Electric Crane6,632.00
Option Package #7 - Towing Package 260.00
$29,095.00
The estimated annual lease payment will be $7,800.00 and funding for this equipment is included in the FY-2002 Water/Wastewater Division Budget.
Staff recommended that a purchase order be issued to Hertrich Fleet Services, in the amount of $29,095.00 for the purchase of one (1) new 1-Ton Utility Truck with an Electric Crane, to be financed using the City’s Master Lease Agreement.
The committee recommended approval of staff’s recommendation.
Mr. Gorman moved for approval of the committee’s recommendation, seconded by Mr. Ruane and carried by a unanimous roll call vote.
Investment Manager Proposals
Due to a greater amount of grant funds, continued appropriations to the contingency, impact fees, electric reserves, and a favorable interest rate market, the City of Dover’s non-pension investment portfolio has increased by 41% over the past five (5) years. In order to provide a greater amount of focus on the City’s investments and to enhance returns, staff recommended hiring an investment manager to assist with managing the City’s investments.
After reviewing the proposals, it was determined that Wilmington Trust and Public Financial Management (PFM) were the two (2) most suited to the City’s needs and at the lowest cost. Committee members were provided an analysis of these proposals for comparison in developing a recommendation.
Staff recommended approval of Public Financial Management (PFM) as the manager of choice, to be reviewed after the first year for possible renewal of the contract based upon favorable results.
The committee recommended approval of staff’s recommendation that Public Financial Management be selected as the City of Dover’s fund manager of choice, to be reviewed after the first year.
Mr. Gorman informed members that since the committee meeting, Mrs. Mitchell has obtained additional information from Wilmington Trust and Public Financial Management which has resulted in a revised recommendation that Wilmington Trust be selected as the City of Dover’s Fund Manager of choice rather than Public Financial Management, as originally recommended.
Responding to Mr. Salters, Mr. Gorman indicated that the decision to reconsider the recommendation was based on fees, return on investments, and local vendor preference. Mr. Carey also noted that, although the fee for Wilmington Trust is $4,000 higher than the fee for PFM, the return on investment will be approximately $650,000 greater with Wilmington Trust.
Mr. Gorman moved for approval of Wilmington Trust being selected as the City of Dover’s fund manager of choice, to be reviewed after the first year. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. Gorman moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Speed and unanimously carried.
TRANSPORTATION COMMITTEE REPORT
The Transportation Committee met on December 18, 2001 with Chairman Ruane presiding.
ROUTE 1/PARTIAL INTERCHANGE AT ROUTE 8
Conceptual Traffic Mitigation Measures Considered (along Route 8 between SR1 and US 13 and within the Edgehill Community)
During a recent public workshop held by DelDOT, the proposed design plans for converting the SR1/SR8 Partial Interchange Ramps to full public access were presented. Conceptual traffic mitigation measures being considered for SR8 between SR1 and Route 13 and within the Edgehill Community were also discussed.
Although the streets in Edgehill are the City’s responsibility, in conjunction with the SR 1/SR8 Partial Interchange Project, DelDOT has recognized the need for implementing traffic mitigation measures along Division Street (SR8) as well as within the Edgehill neighborhood. It was noted that DelDOT’s position is not to take action regarding these issues until after the interchange project is complete. Members agreed that there are current traffic problems in the Edgehill area and that the opening of the SR 1/SR8 Interchange will only magnify these problems.
The committee reviewed the State’s FY 2002 Bond Bill to determine whether state funds had been authorized to pay for the costs of traffic mitigation measures within the Edgehill community (page 53 of 67 of SB250) and it does not appear that these potential costs were recognized when funds were authorized for the project.
The committee recommended that a letter be sent to DelDOT requesting that funds for traffic mitigation measures for the residential areas between Route 13 and the proposed SR1/SR8 Interchange be included in its Capital Transportation Program. Members were provided with a draft of the letter for their consideration.
It was Mr. Truitt’s feeling that the necessary traffic mitigation measures could not be determined until the interchange has been in use for a period of time. Mr. Ruane noted that it was necessary to request that the funds be earmarked now for the project.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a roll call vote of eight (8) yes and one (1) no (Mr. Gorman).
The committee also recommended that a letter be sent to the General Assembly (Senators Still and Bonini and Representatives Stone and Wagner) requesting an increase in the State’s Capital Improvement Program to include the costs of traffic mitigation measures for the Edgehill area. Members were provided with a draft of the letter for their consideration.
Responding to Mr. Pitts, Mr. Ruane noted that while the Capital Bond Bill recognizes the fact that there may be a need to make improvements in the area along SR8 between SR1 and Route 13, it does not appropriate funds for the necessary improvements.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Mr. DePrima indicated that DelDOT has submitted agreements and construction drawings to obtain concurrence from the City on construction of the bypass. He stated that it was his intention to sign the agreements upon approval of the letters.
Governors Avenue Project - Status of Project and Working Group
Members considered recent correspondence between Mr. DePrima, City Manager, and Mr. Ralph Reeb, Planning Director for DelDOT, concerning the Governor’s Avenue Project. The letter outlined why he and Mr. Petit de Mange favored wide shoulders rather than center turn lanes and requested that their reasons for supporting the “wide shoulders” option for the South Governors Avenue project be “posted or made available at public meetings and clearly given during public presentations in the future.”
The committee recommended endorsement of the content of the letter to DelDOT and recommended that City Council request that DelDOT incorporate reasons in favor of wide shoulders in its future presentations when considering alternatives for the South Governors Avenue project. Members were provided with a draft of the letter for their consideration.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Noting that the Governor’s Avenue project is located in an area that experiences extensive flooding due to a bottleneck in the culvert under the bridge and that residents recently circulated a petition requesting support in improving the situation, Mr. DePrima also recommended that the Scope of Work for the South Governors Avenue project “include analysis of drainage issues at Puncheon Run Branch and the reconstruction/replacement of the existing bridge.”
The committee also recommended that City Council request that DelDOT include, in the Scope of Work for the South Governors Avenue project, an analysis of the drainage problem at Puncheon Run and the reconstruction/replacement of the bridge (near Lynnhaven Drive), in cooperation with all other related entities such as Soil Conservation, DNREC, etc. Members were provided with a draft of the letter for their consideration.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote.
Federal Street Parking
Members considered the need for improved parking along Federal Street. It was noted that striping for parallel parking would allow for additional parking spaces.
The committee recommended that a letter be sent to DelDOT requesting consideration of striping for parallel parking along Federal Street. Members were provided with a draft of the letter for their consideration.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Truitt and carried by a unanimous roll call vote.
Water Street Sidewalks
Members considered the disrepair of the brick sidewalk along Water Street, on the south side of the Armory and the safety issues associated with the disrepair.
The committee recommended that a letter be sent to the State of Delaware, Administrative Services, requesting that sidewalks be repaired along Water Street, on the south side of the Armory. Members were provided with a draft of the letter for their consideration.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Truitt and carried by a unanimous roll call vote.
Mr. Ruane moved for acceptance of the Transportation Committee Report, seconded by Mr. Speed and unanimously carried.
MONTHLY REPORTS - NOVEMBER 2001
By motion of Mr. Salters, seconded by Mr. Carey, the following monthly reports were unanimously accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
Mayor's Report
Planning and Inspections Report
Referring to page 7, Item C of the City Manager’s Report, Mr. Salters questioned why the Delaware Prevention Network continues to be housed at Towne Point Elementary School when the program is supposed to serve the entire City of Dover. Mr. DePrima stated that he is scheduled to meet with Sherwanda Rachal, Community Prevention Coordinator, to learn more about the program and he will discuss this issue with her.
Mr. Salters moved to accept the City Manager’s Report, seconded by Mr. Speed and unanimously carried.
REPORT FROM CITY SOLICITOR - MAYFAIR/RODNEY APARTMENTS PROJECT
During the Regular Council Meeting of December 10, 2001, City Solicitor Rodriguez provided an opinion that Kent County did not give consideration to the fact that Mayfair Apartments is located within the jurisdiction of the City of Dover when they entered into the inter-governmental agreement with The Capital Trust Agency, a Florida trust agency, for the sale of the Mayfair Apartments. Both Federal and Florida law requires The Capital Trust Agency to obtain a sign-off from local governments in whose jurisdiction the subject properties are located and that there must be an inter-governmental agreement authorizing Capital Trust to issue tax-exempt, or multi-family, revenue bonds, to acquire various properties for conversion to affordability required apartments.
Deputy City Solicitor Pepper reported that Mr. Rodriguez has reviewed the agreement between Kent County and The Capital Trust Agency and has found nothing improper in what was accomplished and that the applicable law requires only the consent of one (1) jurisdiction and that the County’s agreement is sufficient for the purposes of the applicable laws.
Mr. Ruane, noting that property taxes for the Mayfair Apartments amount to $13,000, asked whether the new owner would be entitled to exemption from City of Dover property taxes. Mr. Pepper indicated that it was Mr. Rodriguez’s opinion that they would not be exempt from City property taxes.
Mr. Ruane advised members that the January 15, 2002 agenda for Kent County includes another bond issue for Kent County Student Housing in the amount of $8.5M.
Mr. Ruane moved to authorize the Council President to request a meeting with representatives of the City of Dover and Kent County Levy Court to discuss the Mayfair/Rodney Apartments project and issues related to their revenue bond financing projects which fall within the boundaries of the City of Dover. The motion was seconded by Mr. Truitt and carried with seven (7) yes, one (1) no (Mr. Salters), and one (1) abstention (Mr. Ritter).
REZONING REQUEST/FIRST READING - 104, 106, AND 128 SAULSBURY ROAD
A request was received to rezone property located at 104, 106, and 128 Saulsbury Road, owned by Edward J. Troise, Sr. The property is currently zoned C-3 (Service Commercial) and the proposed zoning is I/O (Institutional and Office).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Speed, seconded by Mr. Carey, Council unanimously referred the request to the Planning Commission and set a public hearing for February 11, 2002 at 7:30 p.m. The First Reading of the following proposed ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 104, 106, AND 128 SAULSBURY ROAD.
Mr. Speed moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 8:32 P.M.
JANICE C. GREEN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 14, 2002 are hereby approved.
JAMES L. HUTCHISON
MAYOR
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